STRUCTURES OF VIOLENCE

276 | Structures of Violence
were taken forcibly in an army vehicle without any prior
communication. Inside the camp, there was a top
ranked ofcial of the army, M.Y. Jaitley who had come
from the Badami Bagh Cantonment. For the whole
day, he questioned everyone one by one. It was about
10-20 minutes questioning for each person. Abdullah
Mir was the last person questioned. The Ofcer asked
him to sign a document. He refused. But he was told
that he had to sign otherwise he would have to face
consequences. No question was asked of him. He
then signed the document. After Asha was questioned
she came out and said she had been threatened of a
false case of militancy. Everyone was made to sign the
document. When Abdullah Mir signed he wrote a line
that he had signed under pressure. The witness states
that Asha may have wrongly thought this happened at
the Hamray camp as it was her rst visit to a camp. An
army ofcer who was a friend of the witness once told
him that he could help process the case but he told him
that the army had already forcibly taken signatures
from them. He remembers that a person called Nathu
Singh Havaldar was responsible for the killing of the
victim.
Ghulam Mohammad Rather, states that on 2 August
1991 they were returning from Kreeri. He was weaving
carpets for Ghulam Hassan Malik and on Friday he
used to take him along as he was skilled in weaving.
Ghulam Hassan had to meet his workers in the Kreeri
area. After meeting some workers he, Ghulam
Hassan, Ghulam Hassan Tantray and Mohammad
Akram Bhat were returning in the ambassador taxi of
Ghulam Hassan. On the way back they were stopped
at Thendum, Watergam checkpost which was about 1
km from Watergam camp. The army personnel asked
for identity cards. After checking the cards they talked
to someone on the phone and then they took them to
the Watergam camp. They were kept separately in the
compound. Then he was taken into one of the rooms of
the camp. They told him he was a militant but he
denied any connection with militancy and said he was
a carpet weaver. Then they started to beat him with
bamboo sticks. They asked him to surrender his
ammunition but he pleaded innocence. He was beaten
for a few hours. At 4 am they took him to his house for a
raid. He showed them his carpet weaving tools. They
asked for weapons. He said he did not have any. They
then beat him again. They searched his house and
took him back to the camp at watergam. He was
detained for 7 days. He was occasionally tortured by
the army. On the third day, while being questioned,
they told him that Ghulam Hassan Malik had
surrendered his ammunition and been released. But
he answered that neither Ghulam Hassan Malik nor he
were militants. After 2-3 days he was shifted to HMT
Shariefabad camp. Ghulam Hassan Tantray was also
shifted there and they were taken in the same vehicle.
He was detained there for a few more days. There he
was tortured again but he always pleaded his
innocence. Then after a few days he was shifted back
to Watergam camp. Then the next day he was handed
over to Police Station Pattan from where he was
released. Then he found out that Ghulam Hassan
Malik had been killed in custody. Due to the torture he
had a disc problem in his back. He got operated in
Maharashtra in 1996/1995. He sold a kanal of land and
used that for treatement. He was crippled after the
torture and he was not able to work. Then in 1997 his
father opened a fabric shop at Pattan market. He
continues to work there. He still has a problem in his
back bone and cannot do any casual wok. He
remembers that about 8-10 years back he was called
to the Hyderbaig army camp. He remembers Kashmir
being under PDP rule then. Ghulam Hassan Maliks
nephew, Mohammad Sha was also called along with
village headman, Abdul Ahad Bhat. He was
questioned by a top raking army ofcial about the
incident. They were questioned one by one. The
questioning was for about 10-15 minutes. He doesn't
remember whether he was made to sign any
document. The army contacted the Mukhdam and
then they were all taken to the camp in any army
vehicle. Abdul Jabbar, the victims brother was also
taken. He is now dead. No medical assistance was
given during his detention. He did not pursue any legal
remedies due to fear.
The family of victim Ghulam Hassan Malik received
Rs.1 lakh ex-gratia relief and Rs. 4 lakhs in lieu of
Statutory Rules and Orders [SRO43] [compassionate
employment] in 2013.
FIR no.191/1991 u/s 302 [murder] Ranbir Penal Code
[RPC] was led at Baramulla Police Station. The FIR
was led on 5 August 1991.
By communication dated 26 December 2013 in
response to a RTI on custodial killings in Jammu and
Kashmir, the information regarding the two alleged
perpetrators was provided and a copy of the FIR was
provided. Further information on this FIR was sought
through RTI dated 14 November 2014. A separate RTI
was led regarding all FIRs led against state forces in
Jammu and Kashmir. By communication dated 25
December 2013 information was provided that this
case was chargesheeted on 28 June 1993.
The witness statements are clear and indict the army
in the abduction, torture and killing of victim no.1.
Further, it appears that the police have also found
against the alleged perpetrators. Despite this, no
prosecution appears to have taken place and neither
has the army conducted a court-martial.
Case No. 10
Victim Details
Mohammad Maqbool Gachoo alias Farooq
[Abduction, Torture and Extra-Judicial Killing
(Custodial Killing)]
Age: 35
Son of: Ghulam Mustafa Gachoo
Resident of: Ashraf Mohalla, Dal, Rainawari, Srinagar